Delhi

New Delhi

CC/348/2013

Suman Puri - Complainant(s)

Versus

M/S. Aviva Life Insurance Company Ltd. - Opp.Party(s)

03 Feb 2020

ORDER

 

 

                                               CONSUMER DISPUTES REDRESSAL FORUM-VI

                              (DISTT. NEW DELHI),

                               ‘M’ BLOCK, 1^STFLOOR, VIKAS BHAWAN, I.P.ESTATE,

                                                  NEW DELHI-110001

 

    Case No.C.C. 348/2013                                                                    Dated:

    In the matter of:

Mrs. Suman Puri

W/o Sh. Suresh Puri,

R/o 113-C, Pocket IV,

Mayur Vihar Phase-I,

Delhi-110091.                                                             ……..COMPLAINANT

VERSUS

 

1. Aviva Life  Insurance Co.India Pvt. Ltd.

         Registered office:-

         2^nd Floor, Prakash Deep Building,

          7, Tolstoy Marg,

           New Delhi-110001.

 

2.    Aviva Tower, Sector Road,

Opp. Golf Course,

DLF Phase-V, Sector-43, Gurgaon-122003

 

3.      5^th Floor, JMD Regent Square,

Gurgaon-Mehrauli Road,

Gurgaon-122001.                                                            ……..OPPOSITE PARTY     

 

 

 

            

ARUN KUMAR ARYA-PRESIDENT

ORDER

The complainant has filed the present complaint against the OP under section 12 of Consumer Protection Act, 1986.  The gist of the complaint is that the complainant had taken Policy bearing No.RSG 1300861 with commencement date being 31/07/2006 from the executive of OP who intimated her that she had to pay Rs.30,000/- p.a. for a period of 4 years and after completion of said four years she can get her deposited money back. The complainant paid the said amount regularly expecting the refund of the entire deposited amount alongwith interest but OP refunded her only sum of Rs.80,888/- on 25/08/2012 despite the fact that her request for surrender was made on 07/09/2010. Complainant requested to the concerned executive and officials of OP, to provide the reason for short payment, but no satisfactory reply was given by OP, as such, the complainant sent legal notice dated 19/11/2012 to the OP but no response was given to her till date by OP.  Complainant, therefore approach this Forum for redressal of her grievance.

2.        Complaint has been contested by the OP.  In its written statement OP stated that the  Insurance policy availed by the complainant is a Post ULIP long Term Policy which is market linked.  It is submitted that the complainant is not entitled to any relief as the claim of complainant is barred by Law of Estoppel, since the complainant had already availed the benefits under the policy as per terms of the policy.  Admittedly, the complainant opted to exercise her right/option to surrender the policy.  After receipt of Surrender Request from the complainant and completion of necessary formalities,  OP processed her claim and surrender amount was disbursed to the complainant vide cheque dated 25/08/2012 and the same has been received and encashed by the complainant.  It is also submitted by the OP that it has complied with all its obligations under terms of the Insurance Contract.  Therefore, complainant is not entitled for any other relief and further prayed for the dismissal of present complaint.

3.        Both the parties have filed their evidences by way of affidavits.  

4.        We have heard argument advance at the Bar and have perused the record.

5.      Some facts  are not  disputed by the parties such as the policy documents, payment of premiums and the request of surrender of policy on behalf of complainant. The OP had placed on record the copy of standard terms and conditions of the policy in question.    Admittedly, the complainant received the policy in the year 2006,  if she was not satisfied with the policy than she ought to have approached the OP for the cancellation of the policy.  On the contrary, she continuously paid four premiums against the policy in question.  Thereafter, she approached OP vide surrender request dt. 07/09/2010 to surrender the policy in question.  The OP Insurance Co. honour her surrender request and transferred surrender value amounting to Rs.80,888/- vide cheque dated 25/08/2012 and the same has been received and encashed by the complainant.
6. Admittedly, the complainant sent a surrender request to the OP on 07/09/2010, however, under the pretext of auto foreclosure OP sent the surrender value to the complainant on 25/08/2012. The perusal of the various communications exchanged between the parties shows that the OP deliberately delayed in releasing the surrender value to the complainant for which she is entitled for compensation.
7.  In view of the above discussion, we direct OP to pay to the complainant a sum of Rs. 15,000/- on account of delay caused by it in disbursing the surrender value.

With the above direction the present complaint is disposed off.

 File be consigned to Record Room.

A copy of this order each be sent to both parties free of cost by post.  This final order be sent to server (www.confonet.nic.in ).

Announced in open Forum on 03/02/2020.

 

 

 

(ARUN KUMAR ARYA)

PRESIDENT

    (NIPUR CHANDNA)                                                                           (H M VYAS)

         MEMBER                                                                                         MEMBER